Following the Scenario that
played out on Sunday Night of 19th August, 2018 witnessing the
demolition of Ayefele Music House (Fresh F.M, 105.9FM), which was purportedly carried by
the Oyo State government in an unholy hours of the night and an unholy day
marked under the law as non-official day, despite the fact that the case on
same is pending in court is the greatest disservice to democracy, rule of Law,
institution of Justice and standard expected of a civilized society.
I would refrain from commenting
on the facts of the case because it is pending in the court of competent Jurisdiction.
However, it is essential to condemn
in utmost terms the action of Oyo State Government who brazened up to tyranny
and oppression of a ‘non-common’ citizen by taking away the building owner’s, (Mr.
Yinka Ayefele) constitutional right to fair hearing and timely justice and
embarking on what is best described a vendetta against a perceived enemy,
despite the government having the knowledge of Court action on the subject matter
now ‘destroyed’.
The law is far settled in the
case of Military Governor of Lagos State v. Ojukwu that once an action is pending
before the Court of Law and the parties concerned are aware, whether there is
interim and/or interlocutory Injunction / Order or not as regarding the issues
in question, such parties affected and/or mentioned as parties in the suit must
maintain Statuquoi and wait for the outcome of such case being litigated upon
in Court in order not to render the outcome of the court useless and/or foist a
situation of fait accompli as regarding the res. See MILITARY
GOVERNOR OF LAGOS STATE & ORS V. OJUKWU & ANOR (1986) LPELR-3186(SC)
The entire public is aware of
several overreaching actions taken by government of this dispensation on
different occasion despite the pendency of cases in court concerning the facts
relating to those issues. I believe that such is most undemocratic and an iota
of military junta ‘rascalities’ as of old, which had been serially condemned by
various courts of our land, the apex court inclusive.
The Honourable Attorney General
and Commissioner for Justice of the State, Mr Oluseun Abimbola is a man generally
known and/or acknowledged as a man of refined candour, honour, integrity and bravity
whom Lawyers across-board respects and admire for his devotion to excellence
and life in General. His exceptional qualities, ingenuousness, legal prowess
and general astutes cannot be over-emphasized.
I believed at all time, that the
Honourable Attorney General must have advised the Oyo State Government and
concerned Ministries, all led by Governor Isiaka Ajimobi on several occasions
and on issues that bothers on justice, due process and rule of law; of which I belief
the Oyo State Government must have turned deaf hears.
The institution of justice is
sacrosanct and the effect of same cannot be over-emphasized. Hence, the State Honourable
Attorney General and Commissioner for Justice being the only ministry directly
created by the constitution of Nigeria, aside his team of legal officers is
seen as the number one legal officer and/or chief law officer of the state, who
must at all time shine legal lights to the legal darkness of all actions and
inactions of government in the State.
It is my belief that the office
of the Honourable Attorney General cannot be relegated and/or treated with less
importance by any government or any of its agencies on any legal issues and
consequences of any action or inaction; because when the chips are down, The
Attorney General and/or the officers in his ministry would be the there to
defend any calamitous or good actions and inaction of such government, while
the public opinion hangs on them like a stake attached to the neck;
consequently, in the court of public opinion, they would either bre score in the positive or
the in the negative. In the case of PLATEAU STATE OF NIG. & ANOR V. AG FED.
& ANOR (2006) LPELR-2921(SC) ( P. 44, para. A ) per Uwais of the Supreme court held as follows:
"By the provisions of
Section 20 of the Supreme Court Act, Cap. 424 it is only the Attorney-General
of Plateau State that can sue or be sued on behalf of the State."
Section 195(1) of the 1999 Constitution
created the Office of the State Attorney General. It is safe to state that the
office of the Honourable Attorney General is the only office that never dies or
gets vacant. It has been well argued that even if no one is appointed to occupy
that position at a particular moment in time, the office continues in
perpetuity. The above underscores the importance of the justice system in any
given society. To buttress the above point, it is important to cite the case of
SARAKI V. FRN (2016) LPELR-40013(SC) ( Pp. 80-82, paras. D-A ) where the effect of the absence of an
Attorney General from office was determined; Per MUHAMMAD, Justice of the Supreme Court
held as follows:
"The effect of the absence of an
Attorney-General from office (i.e. where his office is vacant), this Court
clarified the issue in no uncertain terms. It was held, inter alia "Chief
Olanipekun, SAN seriously attacked the appellant on the ground that at the time
he appealed, the office of the Attorney-General was vacant and that meant that
the Attorney-General was dead legally. It took so much time to cite authorities
particularly on the expression dead to buttress the point that it does not mean
in the context physical cessation of breath in medical palace. Section 150(1)
of the Constitution of the Federal Republic of Nigeria 1999 creates the office
of Attorney-General of the Federation. Let me read it quickly ... It would
appear that the Attorney-General is the only Minister specifically created in
the Constitution. Section 147(1) of the Constitution ominously create the
office of Minister of the Government of the Federation. In view of the fact
that the office is created in the Constitution, and unless or until the office
is abrogated, it will continue in perpetuity. And any suit by or against the
Attorney-General will in law be absorbed by the office, which never dies unless
the Constitution abrogates it. At the time the appellant, the Attorney-General,
filed the appeal, the office was and is in existence. It is very much alive and
not dead as contended by Chief Olanipekun." See: AG Federation v. ANPP
(2003) 18 NWLR (Pt 851) 182 at p.209. Thus, the absence of an Attorney-General
from office either on the basis of non-appointment of one or on the basis of
infirmity of body or mind of the occupant of that office, that office must
remain alive and active. Assignments placed on the office by the Constitution
or other statutes must not stagnate but must be carried out by other competent
officers of the office."
From the above points of law and
decisions which binds all within Nigeria entity, it is important to state that
no Government can downplay the roles and/or importance of the office of the Attorney
General.
It is also important to state
here that, by the Interpretation Act of Nigeria and combined effects of other
laws, the official hours for any government to perform any official duty of
such nature as carried out by the Oyo State government on Mr. Yinka Ayefele’s building is from 6am to 6pm
while the official days legally recognized to carry out such action is from
Monday to Saturday. Now, the big question to ask Oyo State government is, why
on Sunday and in the midnight when the Court Case on same was already fixed for
Monday to the knowledge of Oyo State government?
Sequel to the above facts, It is
my worry, that consequent upon the continuous and/or willful persistent refusal
of the Oyo State Government to seek and/or to have listened to the legal advice
of the Honourable Attorney General of the State on the consequences of its
action and inactions, especially as regarding the above instance; and on the
face of flagrance abuse of the institution of justice, democracy, rule of law
and the willful refusal of Oyo State Government to constitute itself in line
with the standards expected of a civilized society; particularly as regarding
the justice system and delivery, I am of
the opinion that the office of the Attorney General must have been treated with
contempt and utmost relegation.
It upon the preceding fact, I
hereby and humbly call for the resignation of the Honourable Attorney General and
commissioner for justice of the State from the government of Governor Isiaka
Ajimobi.
Richarmond O.
Natha-Alade
Principal
Partner,
Sun
Natha-Alade & Partners (SNATHAP)
snathaplegals@gmail.com
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